When you live in a residential area or apartment, there is not always peace. And if there’s any noise that’s hard to bear, it’s the incessant barking of the neighbor’s dog. So, what to do about this inconvenience? Answer in this article.
Dogs Barking: What Does the Law Say?
The law is not the same if the barking occurs during the day or in the middle of the night. In theory, the day you should show toleranceBecause a barking dog is normal. However, if the noise is persistent and intense (barking every time you cross the threshold of your door or as soon as the animal is left home alone), it could be considered a noise nuisance. The barking should be intense, repetitive or prolonged.
At night it is different. Barking is considered night noise as soon as the owner is aware of the nuisance he is causing and no measures are taken.
What are the sanctions?
In the case of criminal sanctions, the Public Health Act provides for: fine of 68 euros for the barking of a dog during the day (if not paid within 45 days, it goes up to 180 euros). For a dog that barks at night, this can be up to 450 euros. If the case is continued in court, the owner will be sentenced to a fine of 450 euros for each of the violations found.
In terms of civil penalties, the dog owner must pay damage and interests to the person disturbed by the barking. Sometimes work is needed, such as making the accommodation soundproof.
What can I do ?
Talk to the owner
Before going to court, discuss this with your neighbor to find a quick and easy solution. The person may not be aware of their animal’s barking in the middle of the day, so measures can be taken to minimize this nuisance. Communication is often the key!
Issue a notice of default
If dialogue is not possible, you can write a reminder letter to alert the animal’s owner to the situation. If you have not received a reply from him after 15 days, you can inform him by sending him a certified letter with acknowledgment of receipt. A municipal or police officer or a bailiff can also record the noise nuisance by means of a report.
Find an amicable solution
Do you want to start legal proceedings? Before embarking on this long battle, you need to engage a justice mediator. This completely free procedure has been mandatory since November 18, 2016. If that’s not enough, you can go to court.
Did you like this article? Find out what to do if your neighbor doesn’t maintain his exterior and what you can (or can’t) do in the garden.